Loading...
HomeMy WebLinkAboutResolution - 5037 - Agreement - Lubbock County - Improvements, 82Nd Street - 11/16/1995Resolution No. 5037 November 16, 1995 Item #29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the County of Lubbock to allocate costs for engineering services necessary for improvements to 82nd Street (County Road 7100) from Frankford Avenue to U.S. Highway 62182, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty . Johnso , City Secretary APPROVE AS TO CONTENT: Larry Hertel, ity Engineer APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW: da/e edocs/county ses October 30, 1995 THE STATE OF TEXAS § COUNTY OF LUBBOCK Resolution No. 5037 November 16, 1995 Item #29 KNOW ALL MEN BY THESE PRESENTS: AGREEMENT THIS AGREEMENT is made this 16th day of November 19 95 , by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as the "City," and the COUNTY OF LUBBOCK, TEXAS, hereinafter referred to as the "County," pursuant to V.T.C.A., Government Code §§ 791.001 el =. (the Interlocal Cooperation Act). WITNESSETH: WHEREAS, the governing bodies of both the City and County desire improvements to 82nd Street (County Road 7100) from Frankford Avenue to U.S. Highway 62182 and deem such improvements to be in the best interest of the citizens of both the City and County; and WHEREAS, the preparation of plans and specifications for the improvements as well as other tasks are necessary prior to beginning construction of the project; and WHEREAS, both the City and County have agreed that a professional engineering firm should be employed to develop plans and specifications and complete other preparatory work necessary for the construction of the proposed improvements and that the parties hereto should share the cost of employing such a firm; NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: City shall be responsible for accepting proposals and contracting with a professional engineering firm for the plans, specifications and estimates necessary for the reconstruction and widening of 82nd Street (County Road 7100) between Frankford Avenue and U.S. Highway 62/82. Such contract may also provide for remuneration to the engineering firm for preparation of an environmental assessment and conducting public hearings in connection with the project. County shall appoint a representative to assist City staff in reviewing proposals from engineering firms and negotiating a contract with the successful proposer. The engineering firm selected for the project and the final plans and specifications prepared by such firm shall be subject to approval by the Lubbock County Commissioners Court or its designated representative. II. The total cost for the engineering services described herein is estimated to be approximately THREE HUNDRED THOUSAND DOLLARS ($300,000). County shall be responsible for TWO-THIRDS of the total cost incurred for the services provided by the engineering firm employed to develop the plans, specifications and other preparatory work necessary for the project. City shall be responsible for ONE-THIRD of the total cost. Both the City and County will pay for their portion of the total cost from current revenues available to City and County, respectively. County herein agrees to transfer to the City a sum of money equal to TWO- THIRDS of the contract amount when the City Engineer notifies the County that a contract with an engineering firm for the above-described services has been executed. City shall thereafter maintain records of all payments to the firm for services provided and transmit copies of such records to the County to enable the County to verify the expenditures. In the event the total actual cost payable to the engineering firm is less than the contract cost, City will remit to the County its pro -rata portion of the funds not expended. In the event the total actual cost for engineering services exceeds the contract cost, City shall notify the County and provide the County with copies of invoices for the cost of services rendered by the engineering firm in excess of the contract amount, and County shall pay its pro -rata share of these excess costs to the City within thirty (30) days of receipt of proper invoices. IV. This Agreement shall be construed by and governed by the laws of the State of Texas and may be modified only by written amendment. 2 IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement this ATTEST: Betty M. Johnso4 City Secretary APPRO D AS TO CONTEN L,-6r7y7Herdl, City Engineer APPROVED AS TO FORM: Aarold Willard, Assistant City Attorney ATTEST: Ann Davidson, County Clerk DGV Aalcityattla-rd71 OO.doc November 7, 1945 COUNTY OF LUBBOCK, TEXAS BY: DON McBEATH, COUNTY JUDGE 3